Our reference: RQ21/01132
Agency reference: FOI/2021/028
Mr Trav S
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr S
On 30 April 2021, the Department of the Prime Minister and Cabinet (the Department)
applied for further time to make a decision on your FOI request of 2 March 2021 under the
Freedom of Information Act 1982 (Cth) (the FOI Act).
This application was made on the basis that the processing period is insufficient to deal
adequately with your request, because it is complex.
The Department has advised that the statutory timeframe had already been extended by a
period of 30 days to allow for third party consultation in accordance with s 15(6) of the FOI
Act.
The Department advised that it attempted to obtain an agreement under s 15AA of the FOI
Act for an extension of time from you, but that it did not receive a response from you.
Decision
As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for extensions of time under s 15AB of the FOI Act.
I am satisfied that the Department’s application is justified and have decided to grant the
Department an extension of time under s 15AB(2) of the FOI Act
to 17 May 2021.
In coming to this decision, I have considered the following factors:
• The Department received your FOI request on 2 March 2021.
• The Department notified you on 26 March 2021, that the statutory timeframe for
processing your FOI request was extended by a period of 30 days to allow for third
party consultation pursuant to s 15(6) of the FOI Act.
1300 363 992
T +61 2 9284 9686
GPO Box 5218
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
• The Department has attempted to contact you to request an extension of time under
s 15AA of the FOI Act, but it has not received a response from you and is unable to
contact you by phone.
• Accordingly, the due date for a decision on your FOI request was 3 May 2021.
• To date, the Department has undertaken search and retrieval of documents and
undertaken third party consultation, however following receipt of the third party’s
response, the Department has determined that a courtesy consultation with another
agency would be appropriate in the circumstances. This courtesy consultation has
commenced and the Department expects to receive a response by 7 May 2021.
• An extension of 14 days to 17 May 2021 would enable the Department to complete
this consultation and finalise a decision on your request. This additional time would
also take into account the currently limited staff resources and extended staff leave.
By granting an extension of time it is anticipated that the Department will provide a well-
reasoned and better managed decision.
I note that the
Freedom of Information (Charges) Regulations 2019 provides if an applicant is
not notified of a decision on a request within the statutory time limit (including any
extension of time), the agency or minister cannot impose a charge for providing access, even
if the applicant was earlier notified that a charge was payable (regs 7(2), (3)). This extension
under s 15AB of the FOI Act does not mean that charges can be reimposed and any deposit
you have paid should be refunded.
Contact
If you have any questions, please contact me on (02) 9284 9847 or via email
xxxxxx.xxxxxx@xxxx.xxx.xx. Please quote OAIC reference number at the top of this page in all
correspondence.
Yours sincerely
Jasmin Clarke Assistant Review and Investigation Advisor
Freedom of Information
6 May 2021
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Review rights
If you disagree with the Office of the Australian Information Commissioner’s (OAIC) decision
you can apply to the Federal Court of Australia or the Federal Circuit Court for a review of a
decision of the Information Commissioner if you think that a decision by the Information
Commissioner to grant an extension of time is not legally correct. You can make this
application under the
Administrative Decisions (Judicial Review) Act 1977.
The Court will not review the merits of your case but it may refer the matter back to the
Information Commissioner for further consideration if it finds the decision was wrong in law
or the Information Commissioner’s powers were not exercised properly.
An application for review must be made to the Court within 28 days of the OAIC sending the
decision to you. You may wish to seek legal advice as the process can involve fees and costs.
Please contact the Federal Court registry in your state or territory for more information, or
visit the Federal Court website a
t http://www.fedcourt.gov.au/.
Further information
Further information about how applications to extend the timeframe to process an FOI
request are handled by the OAIC can be found published on our website:
For FOI applicants: How to make an FOI request: Extensions of time
For agencies and ministers: Guidance and advice: Extension of time for processing
requests
The OAIC has the power to investigate complaints about an agency’s actions under the
Freedom of Information Act 1982 (FOI Act). This is a separate process from asking for an
Information Commissioner review following a decision made under the FOI Act. Complaints
usually focus on how an agency has handled your FOI request or complied with other
obligations under the FOI Act, rather than the decision itself.
In some cases, the Information Commissioner's investigation of a complaint may lead to the
agency addressing the issues that you have complained about. In other cases, the
Information Commissioner may make suggestions or recommendations that the agency
should implement. The Information Commissioner can only make non-binding
recommendations as a result of a complaint. You and the agency will be notified of the
outcome of the investigation.
FOI complaints to the OAIC must be made in writing. Our preference is for you to use
the online FOI complaint form if at all possible.
Further information about how to make a complaint can be found published on our website:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-
complaint/ .
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